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CUSTOMS AMENDMENT REGULATIONS 2008 (NO. 5) (SLI NO 173 OF 2008)
Select Legislative Instrument 2008 No. 173
Issued by the Authority of the Minister for Home Affairs
Customs Act 1901
Customs (Prohibited Exports) Amendment Regulations 2008 (No. 2)
Customs Amendment Regulations 2008 (No. 5)
Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
Section 112 of the Act provides, in part, that the Governor‑General may, by regulation, prohibit the exportation of goods from Australia and that the power may be exercised by prohibiting the exportation of goods absolutely or by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
The amending Regulations amend the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) and the Customs Regulations 1926 (the Customs Regulations) to reflect the termination by the United Nations Security Council (the UNSC) of restrictions on the supply, sale or transfer of arms and related matériel to Rwanda.
The PE Regulations prohibit the exportation from Australia of goods specified in the various regulations and the Schedules to the PE Regulations, by prohibiting the exportation absolutely or by making the exportation subject to a permission or licence.
Regulation 13CG of the PE Regulations prohibits the exportation to Rwanda of paramilitary goods specified in Schedule 14B, unless the written permission to export the goods is obtained from the Minister for Foreign Affairs or an authorised person of the Department of Foreign Affairs and Trade. Regulation 13CG and Schedule 14B were enacted to implement Australia's obligations to impose trade sanctions against Rwanda under UNSC Resolution 1011 (1995). However on 10 July 2008, the UNSC adopted Resolution 1823, which terminated the trade sanctions imposed under Resolution 1011.
The purpose of the amending Regulations is to give effect to the termination of the trade sanctions against Rwanda under UNSC Resolution 1823 by repealing regulation 13CG and Schedule 14B of the PE Regulations. The amending Regulations also remove cross-references to regulation 13CG in regulation 13H of the PE Regulations.
Regulation 179AAA and Schedule 1AB to the Customs Regulations prescribe UN-sanctioned goods for the purposes of the criminal offences of importing and exporting UN-sanctioned goods. UN-sanctioned goods are goods that are subject to trade sanctions under UNSC Resolutions and goods that are subject to UNSC trade sanctions that apply to Rwanda are included in items 1 and 12 of Part 2 to Schedule 1AB.
As a result of the UNSC trade sanctions against Rwanda being terminated, it is no longer necessary to prescribe such goods as UN-sanctioned goods. Therefore, the amending Regulations also omit item 1, and paragraph (i) of item 12, of Part 2 of Schedule 1AB to the Customs Regulations, and re-number the items in Part 2 as a consequence.
No consultation was undertaken specifically in relation to the amending Regulations as they implement Australia’s international obligations under the Security Council resolution.
The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.